High Court of DelhiW.P.(C)/3220/2016

Himalayan Universtiy v. National Council For Teacher Education & ORS

2016-04-19Hon'Ble Mr. Justice Manmohan2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3220/2016 & C.M.Nos.13720-13721/2016 HIMALAYAN UNIVERSTIY ..... Petitioner Through Mr.Amitesh Kumar, Advocate.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS ..... Respondents Through Mr.Anil Soni, Standing Counsel for R-1 & 2/NCTE.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.04.2016 Learned counsel for petitioner states that petitioner-University is situated in the State of Arunachal Pradesh and as per the Bengal Eastern Frontier Regulations, 1873, the petitioner-University who is not a native of the State of Arunachal Pradesh cannot purchase land on ownership basis or acquire any interest in land in the said State. He further states that petitioner-University is functioning on the land acquired through lease between petitioner-University and private persons.

Learned counsel for petitioner-University states that Regulation 12(1) of National Council for Teacher Education (Recognition Norms and Procedures) Regulations, 2014 stipulates that on recommendation of Central or State Government, the Chairperson of NCTE may relax any of the provision in respect of any class or category of institution in the concerned State. He further states that vide letter dated 12th

January, 2016, the State Government of Arunachal Pradesh made a recommendation for grant of relaxation to the petitioner. Learned counsel for petitioner-University states that respondent No.2-ERC in its meeting held on 15th - 17th February, 2016 referred petitioner-University case in respect of grant of relaxation to NCTE for directions, but no decision has been taken till date. Keeping in view the aforesaid, the present writ petition is disposed of with a direction to the Chairperson, NCTE to take a decision with regard to the State Government's recommendation dated 12th January, 2016 within a period of one week. With the aforesaid direction, the present writ petition and the applications are disposed of.

Order dasti.

MANMOHAN, J APRIL 19, 2016 KA